2014 New York Laws
ABC - Alcoholic Beverage Control
Article 5 - (60 - 67) SPECIAL PROVISIONS RELATING TO LIQUOR
64-C - License to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer.

  64-c.  License  to  manufacture  and  sell alcoholic beverages in a
  premises commonly known as a restaurant-brewer. 1. Any person  may  make
  an  application to the state liquor authority for a license to operate a
  restaurant-brewer.
2. Such application shall be in  such  form  and  shall  contain  such
  information  as  shall  be required by the liquor authority and shall be
  accompanied by a check or draft in the amount required by  this  section
  for such license.
4.  Section  fifty-four  of  this  chapter  shall  control  so  far as
  applicable the procedure in connection with such application.
5. Such restaurant-brewer license shall in form and in substance be  a
  license  to the person specifically licensed to operate a restaurant and
  sell liquor at retail  to  be  consumed  on  the  premises  specifically
  licensed. Such license shall also be deemed to include a license to:
(a)  sell  wine and beer at retail to be consumed under the same terms
  and conditions, without the payment of any additional fee; and
(b) sell beer brewed on the premises to other retail licensees,  where
  such  license  is  held by the same person holding the restaurant-brewer
  license, or to commonly owned affiliate  licenses,  provided  that  such
  beer is sold through a New York state licensed beer wholesaler.
6.  A  license  under this section may only be granted to a person who
  regularly and in a bona fide manner brews beer on the premises.
7. Not more than five licenses shall be granted to  any  person  under
  this section.
8.  A person holding one or more licenses under this section may brew,
  in the aggregate, no more than twenty thousand barrels of beer per year.
9. On or within thirty days of the effective date of this section, any
  person who holds a brewer's license  under  section  fifty-one  of  this
  chapter as well as a license to sell beer, wine and liquor at retail for
  consumption  on  the  premises  may  file an application with the liquor
  authority to convert those licenses into a license under  this  section.
  Such  an  application  shall be granted by the authority except for good
  cause shown. The  granting  of  such  an  application  shall  constitute
  conversion  of  said license into a restaurant-brewer license subject to
  the provisions of this chapter applicable to restaurant-brewers licenses
  issued under this section.
10. (a) For purposes of sections one hundred one and one  hundred  six
  of  this chapter, a person licensed under this section shall be deemed a
  "retailer" as that term is defined within section three of this chapter.
  Notwithstanding any provision of this chapter to the contrary, a  person
  licensed under this section may also be licensed (or interested directly
  or  indirectly  in a license) to sell liquor at retail to be consumed on
  or off the premises under section fifty-four, fifty-four-a,  fifty-five,
  fifty-five-a,  seventy-nine  or  eighty-one  of this chapter or sections
  sixty-four, sixty-four-a, sixty-four-b and sixty-four-d of this article.
(b) No manufacturer  or  wholesaler  of  alcoholic  beverages  may  be
  granted  a  license  to  operate  a  restaurant-brewer  pursuant to this
  section. Any person  who  has  an  interest  in  premises  eligible  for
  conversion  under  subdivision  nine of this section shall not be issued
  any license under this section unless and until a conversion application
  has been filed with and approved by the authority.
11. (a) No restaurant-brewer license shall be granted for any premises
  which shall be:
(i) on the same street or avenue and within  two  hundred  feet  of  a
  building  occupied  exclusively  as a school, church, synagogue or other
  place of worship; or
(ii) in a city, town or village having a population of twenty thousand
  or more within five hundred feet of  three  or  more  existing  premises

  licensed  and  operating  pursuant  to the provisions of this section or
  sections sixty-four, sixty-four-a, sixty-four-b and/or  sixty-four-d  of
  this article; or
(iii) the measurements in subparagraphs (i) and (ii) of this paragraph
  are  to  be  taken  in  straight  lines  from  the center of the nearest
  entrance of the premises sought to be licensed  to  the  center  of  the
  nearest  entrance  of  such  school, church, synagogue or other place of
  worship or to the center of the nearest entrance of each  such  premises
  licensed and operating pursuant to this section and sections sixty-four,
  sixty-four-a,  sixty-four-b  and/or sixty-four-d of this article; except
  that no license shall be denied to any premises at which a license under
  this chapter has been in existence continuously from a date prior to the
  date when a building on the same street or avenue and within two hundred
  feet of said premises has been occupied exclusively as a school, church,
  synagogue or other place of worship and except that no license shall  be
  denied  to  any  premises, which is within five hundred feet of three or
  more existing premises licensed and operating pursuant to  this  section
  and  sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d
  of this article, at which a license  under  this  chapter  has  been  in
  existence  continuously  on or prior to November first, nineteen hundred
  ninety-three.
(b) Within the context of this subdivision, the word "entrance"  shall
  mean a door of a school, of a house of worship, or premises licensed and
  operating   pursuant   to   this   section   and   sections  sixty-four,
  sixty-four-a, sixty-four-b and/or sixty-four-d of this article or of the
  premises sought to be  licensed,  regularly  used  to  give  ingress  to
  students  of  the  school,  to the general public attending the place of
  worship, and to patrons or guests of the premises licensed and operating
  pursuant  to  this  section  and  sections   sixty-four,   sixty-four-a,
  sixty-four-b  and/or  sixty-four-d  of  this  article or of the premises
  sought to be licensed, except that where a school or house of worship or
  premises licensed and operating pursuant to this  section  and  sections
  sixty-four,  sixty-four-a,  sixty-four-b  and/or  sixty-four-d  of  this
  article is set back from a public thoroughfare, the  walkway  or  stairs
  leading  to  any  such  door  shall  be  deemed  an  entrance;  and  the
  measurement shall be taken to the center of the walkway or stairs at the
  point where it meets the building line or public  thoroughfare.  A  door
  which  has no exterior hardware, or which is used solely as an emergency
  or fire exit, or for maintenance purposes, or which leads directly to  a
  part  of a building not regularly used by the general public or patrons,
  is not deemed an "entrance".
(c) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
  (a)  of  this subdivision, the authority may issue a license pursuant to
  this section for a premises which shall be within five hundred  feet  of
  three  or more existing premises licensed and operating pursuant to this
  section  and  sections  sixty-four,  sixty-four-a,  sixty-four-b  and/or
  sixty-four-d   of   this   article   if,  after  consultation  with  the
  municipality or  community  board,  it  determines  that  granting  such
  license  would  be  in the public interest. Before it may issue any such
  license, the authority shall conduct  a  hearing,  upon  notice  to  the
  applicant  and  the municipality or community board, and shall state and
  file in its office its reasons therefor. The hearing may be rescheduled,
  adjourned or continued, and the  authority  shall  give  notice  to  the
  applicant   and   the  municipality  or  community  board  of  any  such
  rescheduled, adjourned or continued hearing. Before the authority issues
  any said license, the authority or one  or  more  of  the  commissioners
  thereof may, in addition to the hearing required by this paragraph, also
  conduct  a  public  meeting  regarding  said license, upon notice to the

  applicant and the municipality or community board.  The  public  meeting
  may be rescheduled, adjourned or continued, and the authority shall give
  notice  to  the applicant and the municipality or community board of any
  such  rescheduled,  adjourned or continued public meeting. Notice to the
  municipality or community board shall mean written notice mailed by  the
  authority  to such municipality or community board at least fifteen days
  in advance of any hearing scheduled pursuant to this paragraph. Upon the
  request of the authority, any municipality or community board may  waive
  the  fifteen  day  notice requirement. No premises having been granted a
  license pursuant to this section shall  be  denied  a  renewal  of  such
  license upon the grounds that such premises are within five hundred feet
  of  a building or buildings wherein three or more premises are operating
  and  licensed  pursuant  to  this  section   or   sections   sixty-four,
  sixty-four-a, sixty-four-b and/or sixty-four-d of this article.
(d)  Within  the context of this subdivision, a building occupied as a
  place of worship does not cease to be "exclusively" occupied as a  place
  of  worship  by incidental uses that are not of a nature to detract from
  the predominant character of the building as a place  of  worship,  such
  uses which include, but which are not limited to: the conduct of legally
  authorized  games  of  bingo or other games of chance held as a means of
  raising  funds  for  the  not-for-profit  religious  organization  which
  conducts  services  at  the place of worship or for other not-for-profit
  organizations  or  groups;  use  of  the   building   for   fund-raising
  performances by or benefitting the not-for-profit religious organization
  which  conducts services at the place of worship or other not-for-profit
  organizations or groups; the use of  the  building  by  other  religious
  organizations  or  groups  for religious services or other purposes; the
  conduct of social activities by or for the benefit of  the  congregants;
  the  use  of  the  building for meetings held by organizations or groups
  providing bereavement counseling to persons having suffered the loss  of
  a  loved  one, or providing advice or support for conditions or diseases
  including, but not  limited  to,  alcoholism,  drug  addiction,  cancer,
  cerebral  palsy, Parkinson's disease, or Alzheimer's disease; the use of
  the building for blood drives,  health  screenings,  health  information
  meetings, yoga classes, exercise classes or other activities intended to
  promote  the  health of the congregants or other persons; and use of the
  building by non-congregant members of the community for  private  social
  functions. The building occupied as a place of worship does not cease to
  be "exclusively" occupied as a place of worship where the not-for-profit
  religious  organization  occupying  the  place  of  worship  accepts the
  payment of funds to defray costs related to another party's use  of  the
  building.
12. The liquor authority may in its discretion and upon such terms and
  conditions  as  it  may prescribe, issue to a licensed restaurant-brewer
  upon his application therefor a  supplemental  license  authorizing  the
  restaurant-brewer to sell beer brewed on the licensed premises at retail
  to  a  person for consumption in his home, at retail in bulk by the keg,
  cask or barrel for  consumption  and  not  for  resale  at  a  clambake,
  barbecue,  picnic,  outing  or  other similar outdoor gathering at which
  more than fifty persons are assembled and at wholesale. Such  additional
  license shall permit the sale of up to two hundred fifty barrels of beer
  per  year. No person, who holds multiple licenses under this section and
  applies for and receives multiple supplemental licenses, may sell, under
  those supplemental licenses, in the aggregate  more  than  one  thousand
  barrels of beer per year.
13.  For  the  exercise  of the privilege granted by such supplemental
  license issued  under  subdivision  twelve  of  this  section  there  is
  assessed  a  fee to be paid by the licensee in the sum of eleven hundred

  twenty-five dollars per three-year period  plus  a  one  hundred  dollar
  filing fee and which fee shall be in addition to the fee provided for in
  this section for a restaurant-brewer license.
14.  An  application  for  a  supplemental  license  under subdivision
  thirteen of this section shall be in such form and  shall  contain  such
  information  as  shall  be required by the liquor authority and shall be
  accompanied by a check or draft in the amount  required  by  subdivision
  thirteen of this section.
15.  The  fee  for an original and a renewal restaurant-brewer license
  shall be fifty-eight hundred fifty dollars in the counties of New  York,
  Kings, Bronx and Queens; forty-three hundred fifty dollars in the county
  of  Richmond  and in cities having a population of more than one hundred
  thousand and less than one million; thirty-six hundred dollars in cities
  having a population of more  than  fifty  thousand  and  less  than  one
  hundred  thousand;  and  the  sum  of twenty-eight hundred fifty dollars
  elsewhere. Said license shall run  for  a  period  of  three  years.  In
  addition  to  the  license  fees provided for in this subdivision, there
  shall be paid to the authority with each initial  application  a  filing
  fee  of  two  hundred dollars and with each renewal application a filing
  fee of one hundred dollars.
16. A restaurant-brewer  license  issued  under  this  section  and  a
  supplemental license issued under this section shall run concurrently.
17.  (a)  A licensee or his or her employee may serve small samples of
  beer  or  malt  beverages  he  or  she  produces   at   their   licensed
  establishments.
(b) Each serving at such tasting shall be served only by the brewer or
  his  or  her  employee and shall be limited to three ounces or less of a
  brand of beer or malt beverage produced by the brewer and no consumer of
  legal age shall be provided or given more  than  two  servings  of  such
  brands offered for tasting.
(c)  The authority is authorized and directed to promulgate such rules
  and regulations, as it deems necessary or appropriate to  implement  the
  provisions of this subdivision to protect the health, safety and welfare
  of the people of this state.
18.  Notwithstanding the provisions of subdivision six of this section
  or of subdivision thirteen of section one hundred six of  this  chapter,
  the  authority  may issue a restaurant brewer's license pursuant to this
  section for a premises which shall be located wholly within the town  of
  Ulster,  county  of  Ulster, state of New York, bounded and described as
  follows:
ALL that certain plot, piece or parcel of land with the buildings  and
  improvements  thereon  erected,  situate, lying and being in the Town of
  Ulster, County of  Ulster  and  the  State  of  New  York,  bounded  and
  described as follows:
BEGINNING  at  a point on the Northeasterly side of City View Terrace,
  said point being the Westerly corner of the lands of the  State  of  New
  York  and  a Southwesterly corner of the herein described parcel; THENCE
  from said point of beginning along the Northeasterly side of  City  View
  Terrace,  North  43 degrees 36 minutes 03 seconds West, 109.02 feet to a
  point on the Southeasterly side of Forest Hill Drive; THENCE  along  the
  Southeasterly  side  of  Forest  Hill  Drive  the  following  course and
  distances, North 16 degrees 32 minutes 34 seconds West, 92.62 feet to  a
  point; THENCE North 10 degrees 38 minutes 26 seconds East, 70.45 feet to
  a point; THENCE North 35 degrees 53 minutes 26 seconds East, 122.45 feet
  to  a  point; THENCE North 46 degrees 30 minutes 26 seconds East, 203.40
  feet to a point; THENCE North 62 degrees 37  minutes  26  seconds  East;
  115.94  feet  to  a point; THENCE North 79 degrees 39 minutes 26 seconds
  East, 47.82 feet to a point; THENCE  North  45  degrees  16  minutes  41

  seconds  East, 63.33 feet to a recovered bar; THENCE along the bounds of
  lands of now or formerly Skytop Village Associates, L. 1916-P. 134,  the
  following  courses and distances, South 37 degrees 08 minutes 02 seconds
  East, 196.33 feet to a recovered bar; THENCE South 65 degrees 47 minutes
  02  seconds  East,  90.63  feet  to  a point; THENCE North 77 degrees 23
  minutes 58 seconds East, 233.85 feet to a recovered bar; THENCE North 85
  degrees 29 minutes 58 seconds East, 297.09  feet  to  a  recovered  bar;
  THENCE  South  63  degrees  30 minutes 02 seconds East, 108.50 feet to a
  recovered bar; THENCE along the bounds  of  lands  of  now  or  formerly
  Robert  D.  Sabino,  L.  1487-P.  397,  and along a stone wall, South 32
  degrees 24 minutes 04 seconds West,  353.51  feet  to  a  point;  THENCE
  leaving  said  stone  and  along  the bounds of lands of now or formerly
  Stanley Amerling, L. 1440-P. 908, South 75 degrees 41 minutes 26 seconds
  West, 264.62 feet to a point; THENCE along the bounds of lands of Summit
  Properties, LLC, L. 2856-P. 82, the  following  courses  and  distances,
  North  41  degrees  29  minutes  34 seconds West, 50.00 feet to a point;
  THENCE South 71 degrees 10 minutes 26 seconds  West,  89.84  feet  to  a
  point;  THENCE  South 59 degrees 51 minutes 26 seconds West, 251.72 feet
  to a point; THENCE South 13 degrees 15 minutes 34  seconds  East,  90.20
  feet  to  a point; THENCE along the bounds of lands of said State of New
  York, the following courses and distances, North 56 degrees  41  minutes
  34  seconds  West,  168.79  feet  to a point; THENCE North 75 degrees 51
  minutes 34  seconds  West,  254.10  feet  to  the  point  and  place  of
  beginning.  Being  the same premises as conveyed to Skytop Motel, LLC by
  deed of Stewart Title, as agent of  the  grantor,  Skytop  Motel,  Inc.,
  dated  April  29,  2003  and recorded in the office of the Ulster County
  Clerk on June 10, 2003 as document no. 2003-00016207, Receipt no. 48178,
  Bk-D VI-3621, pg-171.